Can a continuance be agreed in writing?

Yes. Parties may document mutual agreement in writing and submit it to the court; court approval may still be required under local rules to make the continuance effective.

Is court approval always required?

Not always. Some courts accept a stipulation between parties, while others require a judge’s signed order. Always check the court’s local rules or standing orders before filing.

Can the letter be e-signed and e-filed?

Electronic signatures are generally permissible under ESIGN (15 U.S.C. §7001) and UETA where adopted, but confirm the court’s e-filing and signature acceptance policies before submission.

What if opposing counsel later disputes consent?

If a dispute arises, the court will resolve it based on the written record, proof of service, and any supporting evidence. Retain signed copies and audit trails to substantiate consent.

Who has authority to sign for a party?

An authorized attorney of record or an authorized corporate representative may sign. Ensure the signer has actual authority to bind the party to avoid challenges.

How do I prove the letter was served?

File a proof of service or certificate of service that follows local format rules. Where permitted, preserve email receipts, e-service confirmations, or docket entries as evidence.

Electronic Signature
Templates
Other
Letter Agreeing to Continuance

Letter Agreeing to Continuance

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

What a Letter Agreeing to Continuance Is

A Letter Agreeing to Continuance is a written statement by one or more parties or their counsel confirming mutual consent to postpone a scheduled court event, hearing, or deadline. It typically identifies the case, the original date, the requested new date or a request for the court to reset, and the reason for the continuance. Parties use it to document agreement for the court record and to request official approval when required by local rules. Electronic signatures and e-filing are commonly used, subject to court and statutory exceptions.

Why a Clear, Written Continuance Agreement Matters

A documented agreement reduces scheduling disputes, preserves a record of consent, and assists clerks and judges in rescheduling. It clarifies deadlines and can reduce the risk of sanctions for unexcused delays.

Who Typically Prepares and Relies on These Letters

Parties to litigation, their attorneys, and court administrative staff commonly use a Letter Agreeing to Continuance to record consent and request a new date.

Private counsel coordinating schedule changes between opposing counsel and the court.
Pro se litigants agreeing to a new hearing date and notifying the court clerk.
Court clerks who record the agreement and prepare the order for the judge's signature.

Typical Signatories and Their Roles

Lead Counsel

Lead counsel for a party signs to bind that party to the continuance and represents that opposing counsel consents when stated. The signature should include firm, bar number, and contact details for service and follow-up.

Court Clerk

A court clerk does not sign the parties' letter but files or docket-stamps it and may prepare a proposed order. The clerk’s docket entry creates the official court record of the continuance request or agreement.

Step-by-Step: Preparing and Sending the Letter

Follow these steps to create, sign, and submit a Letter Agreeing to Continuance correctly.

01

Draft Letter: Populate case caption, dates, reason, and signature blocks.
02

Obtain Consent: Confirm opposing counsel's agreement in writing or by signature.
03

Sign and Date: Have authorized signatories execute the letter.
04

File and Serve: E-file or deliver to court clerk and serve all parties.

Where to File and How the Letter Travels

A continuance letter is routed to the court docket and served on all parties; method depends on court rules and local e-filing procedures.

E-file to Court: Submit via court e-filing portal when available.
Serve Opposing Parties: Email or e-service per local rules; include proof of service.
Attach Proposed Order: Include a short proposed order if the court prefers it.
Retain Proof: Keep confirmations, docket entries, and signed copies for records.

Configuring an Online Continuance Workflow

When automating this letter, configure fields and notifications to match court and service rules.

Field	Configuration
Document Template	Standardize caption, date fields, and signature blocks.
Signing Order	Allow simultaneous or sequential signatures as needed.
Authentication	Use email link or SMS code per court acceptance.
Notifications	Auto-notify parties and save a signed copy to the record.

Technical Considerations for Digital Signing and Submission

Ensure your signing and filing platform supports required formats and court e-filing integration before sending.

Document Formats: PDF and DOCX supported.
Integrations: Supports e-filing portals and cloud storage.
Authentication: Email, SMS, or stronger ID verification.

Confirm the court’s acceptable file types and signing methods, and retain a tamper-evident signed copy with audit trail metadata.

Common Timing Rules and Deadlines to Watch

Different courts set different deadlines for seeking continuances; check local rules and act promptly to preserve rights.

Prompt Filing:

File as soon as agreement is reached to avoid last-minute denials.

Local Rule Cutoff:

Some courts require a motion or letter several days before the hearing.

Opposition Period:

Courts may allow objections within a set period after filing.

New Hearing Date:

Court sets or confirms new date after review.

Order Entry:

Allow time for the judge to sign and the clerk to docket the order.

Key Milestones from Agreement to Court Order

Track these milestones to ensure the continuance moves from agreement to an enforceable court order without gaps.

01

Draft and Exchange

Prepare letter and exchange with opposing counsel.

02

Execution

Obtain signatures from authorized representatives.

03

File with Court

Submit letter or motion following local procedures.

04

Order Issued

Judge signs or the court issues an order documenting the continuance.

Common Mistakes to Avoid

Failing to confirm the court’s preferred filing format, resulting in rejection or delay.
Omitting the case caption or docket number, which can misfile or delay processing.
Using an unsigned or unauthorized signature that leaves the agreement unenforceable.
Requesting open-ended continuances without proposed dates, which courts often deny.

Risks and Potential Consequences of Errors

Missed Deadline: Possible sanctions

Failure to Serve: Relief may be denied

Incomplete Letter: Filing rejection

Unauthorized Signer: Agreement may be void

Improper Format: E-file refusal

Disputed Consent: Motion hearing required

Required Case and Contact Data to Include

Case Number: Exact docket identifier

Court Name: Full court and division

Party Names: Full legal party names

Hearing Date: Original scheduled date

Proposed Date: Requested new date or 'to be set'

Counsel Contact: Email and phone number

Typical eSignature Pricing and Feature Snapshot

Compare starting price and common features for eSignature vendors; signNow is listed first per platform data. Confirm exact plan details with vendors.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day trial	Varies	Varies	Varies	Varies
Bulk Send	Yes	Yes	Yes	Yes	No
Envelope Cap	No cap	100 envelopes/user/yr	Varies	Varies	Varies

Frequently Asked Questions About Continuance Letters

Answers to common procedural questions about drafting, signing, filing, and enforcing a Letter Agreeing to Continuance.

Need help? Contact support

Can a continuance be agreed in writing?
Yes. Parties may document mutual agreement in writing and submit it to the court; court approval may still be required under local rules to make the continuance effective.
Is court approval always required?
Not always. Some courts accept a stipulation between parties, while others require a judge’s signed order. Always check the court’s local rules or standing orders before filing.
Can the letter be e-signed and e-filed?
Electronic signatures are generally permissible under ESIGN (15 U.S.C. §7001) and UETA where adopted, but confirm the court’s e-filing and signature acceptance policies before submission.
What if opposing counsel later disputes consent?
If a dispute arises, the court will resolve it based on the written record, proof of service, and any supporting evidence. Retain signed copies and audit trails to substantiate consent.
Who has authority to sign for a party?
An authorized attorney of record or an authorized corporate representative may sign. Ensure the signer has actual authority to bind the party to avoid challenges.
How do I prove the letter was served?
File a proof of service or certificate of service that follows local format rules. Where permitted, preserve email receipts, e-service confirmations, or docket entries as evidence.

Explore Templates

Motion Contesting Small Claims Mediation District Court Kootenai County Idaho Glen Farms Horse Board Application Packet Idaho Department of Law Enforcement v. Cade Writ of Execution

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now